唐宋监察制度初探

An Elementary Exploration to the Institution of Supervision in Tang and Song Dynasties

中国封建时代的监察制度在世界法制史上是具有鲜明特色的,唐宋两代的监察制度尤其具有代表性。唐代是封建盛世,唐代的监察制度基本上达到完型,是反映中华法系成就的一个重要方面。宋代是封建专制主义中央集权制度强化的朝代,随着皇权的加强,监察制度也得到进一步强化。与唐朝相比,宋朝的监察范围进一步扩大,特别是对于地方监察活动日趋法律化,对于监察官的资格与任职要求更加严格。唐宋两代的监察制度积累了丰富的历史经验,具有可咨借鉴的意义。

In the legal history of the world, the supervision institution of the feudal China had a distinct character, the model of which is that of Tang and Song dynasties. In the period of Tang dynasty, which was the heyday of the feudal China, the perfection of the supervision institution appeared to be an important factor embodying the brilliant achievement of Chinese Legal System. And under the role of Song dynasty, in which the feudal autocracy and centralization were more strengthened, the reinforcement of monarchical power accelerated the development of the supervision institution in the extension of the scope of supervision, the lawfulness of the local supervision and the stricter qualification for the supervisors. As the conclusion, the article holds that the legislation and implementation of the supervision institution in Tang and Song dynasties provided rich historical and much enlightening contents for today's legal construction.